Hon’ble Sudhir Agarwal, J.—Both the petitioners are employees of Sant Tulsi Das Municipal Inter College, Soron, District Etah (hereinafter referred to as the “College”). The petitioner No. 1 was working as Chowkidar having been appointed on 5.8.1966 and on attaining the age of superannuation retired on 28.2.2000. The petitioner No. 2 was appointed as Mali on 10.8.1966 and on attaining the age of superannuation retired on 31.1.2002. Since thereafter both the petitioners made strenuous efforts to get their retiral benefits running between the State Government and Municipal Board, Etah but having failed to get retiral benefits approached this Court by means of the present writ petition where an order was issued on 12.12.2005 by the Assistant District Inspector of Schools, Etah informing the Manager/Principal of the College that the College in question is governed by local body whereupon U.P. Municipalities Act, 1916 (hereinafter referred to as the “1916 Act”) is applicable and, therefore, pension of non teaching staff of the said institution is not payable by educational department but has to be paid by Nagar Palika, therefore, pension papers are being returned.

2. The petitioners have sought a writ of certiorari for quashing the order dated 12.12.2005 and also a writ of mandamus commanding the respondents to pay pension and other retiral benefits forthwith.

3. On behalf of respondent Nos. 1 to 4 a counter-affidavit has been filed stating that by Government Order dated 18.10.1982 issued to Officer In-charge, Nagar Palika, Auraiyya informing that the Government Notification dated 13.6.1909 as amended partially on 12.7.1982 provides that the institutions run by local bodies shall not be governed by provisions of Intermediate Education Act, 1921 (hereinafter referred to as the “Act, 1921”) in respect to the appointment, funds and other conditions of service and such employees will be governed by 1916 Act and the Rules framed thereunder. They also admits that one employee, namely, Sri Jagdish Parashar, a Head Clerk of the College in question though was sanctioned payment of pension by the Government by letter dated 3.8.2005 but it was made clear that it shall not be treated as a precedent. To the same effect is a letter dated 21.3.2006 issued by the Director of Education, U.P., Allahabad informing all educational authorities that the retired employees of colleges maintained by local bodies shall not be entitled for payment by the Government but shall be governed by Rules and regulations applicable to Nagar Palika employees.

4. The petitioners have specifically stated in paras 18, 19 and 20 of the writ petition that U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as ‘1971 Act’) is applicable upon the various schools run by Nagar Palika in the State of U.P. and petitioners’ College was also governed by said Act and salary was paid to petitioners through the office of respondent No. 4 by applying provisions of 1971 Act.

5. These submissions have been replied in para 12 of the counter-affidavit which reads as under:

^^12- ;g fd ;kfpdk ds izLrj 18] 19] 20] 21] 22 ds mRrj esa ;g dguk gS fd ikfydk }kjk lapkfyr ek/;fed fo|ky;ksa esa dk;Zjr f’k{k.ksRrj deZpkfj;ksa dks ek= osru forj.k dh f’k{kk foHkkx }kjk fu;ekuqlkj fd;k tk jgk gSA f’k{k.ksRrj deZpkfj;ksa dh vU; lsok 'krsZa iwoZ izLrj esa of.kZr 'kklu ds i= fn0 18-10-1982 ds vuqikyu esa uxj ikfydk vf/kfu;e 1916 ds vUrxZr cuk;h x;h lsok fu;ekoyh dh lsok 'krsZ ykxw gSaA**

6. In para 14 of counter-affidavit the respondents have also admitted that the provident fund is deducted by educational authorities though the amount of group insurance it is alleged that deducted by Nagar Palika.

7. The only question up for consideration, therefore, is whether pension to petitioners is payable by State Government or by Nagar Palika, Soron, District Etah.

8. Section 73 of 1916 Act reads as under:

“73. Appointment, etc., of ser